Loading...
HomeMy WebLinkAboutZBA-11/02/1994 HEARINGAPPEALS BOARD MEMBERS .'ard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southotd Town Hall 53095 Main Road P.O. Box 1179 Southotd, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 PUBLIC HEARINGS BOARD OF ZONING APPEALS TOWN OF SOUTHOLD November 2, 1994 (7:30 P.M. Hearings Commenced) P R E S E N T: HON. GERARD P. GOEHRINGER Chairman SERGE J. DOYEN, Member JAMES DINIZIO, JR. Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member LINDA KOWALSKI, Clerk-Assistant to Board Page 2 - Hearing Transcript Regular Meeting of November 2, 1994 Southold Town Board of Appeals INDEX APPLN.# APPLICANT PAGES 4275 4276 4277 4274 4279 4278 4280 4281 RENE MATOS DALE AND STACEY WAGNER MOYER MICHAEL AND KATHLEEN RICHTER MARY ANN GREFE JOAN LATHAM OWEN MORREL JOHN H. MULHOLLAND KATHLEEN VARANO 3- 6 6- 7 7- 9 10-12 13-14 14-19 19-21 21-30 Page 3 - Hearing Transcript Regular Meeting of November 2, 1994 Southold Town Board of Appeals 7:32 P.M. Appl. No. 4275 - RENE MATOS MR. CHAIRMAN: Request for a Variance under Article IliA, Section 100-30A.4 (ref. 100-33) for permission to locate shed as an accessory building in the southerly side yard area, rather than the required rear yard, at premises known as 180 Carole Road, Southold, N.Y.; County Tax Map Parcel No. 1000-52-2-6. The subject premises is a substandard parcel containing approximately 5,500 sq. ft. in total lot area. (Setback, when located in a yard area other than a rear yard, shall be determined by the Board of Appeals.) I have a copy of the survey produced by Anthony Lewandowski, dated November 19, 1993, indicating a one story frame home. The nature of this application is a shed which at one time from what I understand was placed on this property and has since been taken down and the nature of this application is somewhat of a reinstatement and it is attached to the, I guess it's south easterly side of the home proposed and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody like to be heard on this? How are you? JENNIFER GOULD: Good evening. My name is Jennifer Gould. I'm here tonight on behalf of Rene Matos, the property owner. As Mr. Gehringer just said, this is really, this application is really in the nature of a reinstatement. Mr. Matos bought this property in December of 1993, and when he looked at the property there was a shed on the property but when he went to get his CO low and behold there wasn't a Building Permit for the shed, so it was removed so Page 4 - Hearing Transcript Regular Meeting of November 2, Southold Town Board of Appeals 1994 that he could close on the property on time. You know, everybody wanted to close, there was time, at that time for him to seek a variance or the prior owner to seek a variance. Our review of the record shows that there was a shed on this premises back on the survey in 1983. I have also researched the Building Department files and it looks like even the prior owner had a shed. There's a 1979 Building Department inspection report showing that the shed was removed when that owner applied to construct a deck in the rear of the property built. Essentially what my client seeks to do, is to do what's right legally. He wanted to come to the Zoning Board of Appeals to get a variance so he could reconstruct the shed in the side yard. Essentially he has no place to else. There isn't a basement in the house. store tools or anything It's a very small lot. I think he ( ). MR. CHAIRMAN: Carole Road is a very unique area. We have made people on Carole Road put garage doors on both sides of their garages, for fire purposes so that you could fight a fire through the garage. At least lay lines through the garage. So it's an area that we are very, very well aware of what's going on down there. I mean they were summer cottages and they became conversions. Basically what happened. They do afford a beautiful view of their Arshammnaque Pond and the read has been updated, you know, which is a private road for several years. I mean at one time it was very simply just stone blend and now it's become more macadamized as the time has gone on and it's gotten a little wider and so on and so forth, so we are aware of it very well. Do any of the Board Page 5 - Hearing Transcript Regular Meeting of November 2, 1994 Southold Town Board of Appeals Members have any questions of this nice lady? coverage situation? JENNIFER GOULD: I'm, I'm not sure what you mean. MR. CHAIRMAN: OK. The house covers 672 sq. ft. and the shed would be a total of 64. Lot size is 5489. think, what we're just under? BOARD SECRETARY KOWALSKI: Yes, she's just under. MR. CHAIRMAN: Just under, OK, good. All right, any other particular questions to ask you. It is attached to the house so therefore it's not really structure. You are aware the lot to deck 210, Yesh, so I I don't have going to be an accessory JENNIFER GOULD: MR. CHAIRMAN: objections to this? MEMBER DINIZIO: Well, the size is 8 by 8? JENNIFER GOULD: Yes. MEMBER DINIZIO: No, be granted as applied. I don't. I'll, I'll make the motion that it JENNIFER GOULD: I guess it will be abutted to the house. MR. CHAIRMAN: To the house, yes. So, I mean there'll only be three walls. It will be 8 feet by 7 foot 6? Approximately 7 foot 7. JENNIFER GOULD: They told me it was 8 foot 9 inches to the peak. MR. CHAIRMAN: All right, in height? JENNIFER GOULD: Yeah. MR. CHAIRMAN: And it's going to conform to the siding that's on the house or you're going, it's going to be wood ( )? It's a prefab which a ...... . All right. Does anybody have any specific Page 6 - Hearing Transcript Regular Meeting of November 2, 1994 Southo]d Town Board of Appeals MR. CHAIRMAN: MEMBERS: Aye. MR. CHAIRMAN: JENNIFER GOULD: Second. All in favor? Have a lovely evening. Thank you. 7:40 P.M. Appl. No. 4276 DALE AND STACEY WAGNER MOYER MR. CHAIRMAN: Request for a Variance under Article XXIV, Section 100-244B for permission to build addition to existing dwelling with a reduction in the northerly side yard setback to less than the required 15 ft. minimum at premises known as 650 Bay Avenue, Mattituck, N.Y.; County Tax Map Parcel No. 1000-143-3-12. The subject premises is a substandard parcel containing 24, 768 sq. ft. total lot area. I have a copy of a survey produced by Young & Young showing it's an older two story home, on Bay Avenue. The setback is about 44 feet. The request is an addition on the north westerly side, approximately of 15 x 20 and it shows as two story. Is there somebody that liked to be heard for this? How are you tonight Sir? DALE MOYER: OK. Dale Moyer, my wife Stacey is here with me. We just request that we, we feel that we need the extra footage to make appropriate living space. Without that it makes it a little tight for the addition that we want and that's what why we ask for the extra 2 feet, a little better than 2 feet addition. Page 7 - Hearing Transcript Regular Meeting of November 2, Southold Town Board of Appeals 1994 MR. Members have any questions of Mr. Moyer? No. CHAIRMAN: All right. While you're there, do any of the Board Jim? MEMBER DINIZIO: MEMBERS: No. MR. CHAIRMAN: Richard, no? Most of the houses down there have been there 40 to 60 years, I guess, and they are somewhat placed in the middle of the lots. Interestingly enough those lots end up to be relatively deep and not quite as wide as they are deep. I don't have any particular problems, let me just ask if anybody at the hearing has any. Is there anybody here that would like to speak against this application? Anybody like to speak, have anything to say about the application? All right, hearing no further comment I have no objection to this application either. I will offer resolution to grant it as applied for. Second. All in favor? Have a lovely evening, Sir. Thank you. MEMBER DINIZIO: MR. CHAIRMAN: MEMBERS: Aye. MR. CHAIRMAN: DALE MOYER: 7:43 MR. Appl. No. 4277 - MICHAEL AND KATHLEEN RICHTER CHAIRMAN: Request for a Variance under Article IliA, Section 100-30A.4 for permission to locate, as built, an accessory Page 8 - Hearing Transcript Regular Meeting of November 2, 1994 Southo]d Town Board of Appeals storage building with a setback at tess than the stipulated ten (10) ft. setback from the northerly side property line, at premises known as 370 Old Orchard Lane, East Marion; County Tax Map Parcel No. 1000-31-6-18. (Setback, when located in a yard area other than a rear yard, shall be determined by the Board of Appeals.) I have a survey indicating this 12 x 40 x 10 foot shed, located adjacent to a pool in the rear, excuse me, actually it's the side yard area and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody else that would like to be heard? Is there anybody would like to be heard? BOARD SECRETARY KOWALSKI: Mrs. Arnold is here. MR. CHAIRMAN: Mrs. Arnold, how are you? ANNE ARNOLD: I'm ( ) I'm here to answer any questions. MR. CHAIRMAN: How did this end up to be so large in this area? ANNE ARNOLD: Excuse me. MR. CHAIRMAN: How did this building end up to be so large, so long and so narrow in this area. I'm not degrading the building. I'm just asking the question. ANNE ARNOLD: Because we wanted part of it for pool storage and ( ) for the tractor and garden and stuff and we couldn't get it any closer to the, to were not. MR. CHAIRMAN: All the fence. We thought we were legal but we right. While I have you there, what type of utilities are in the building? ANNE ARNOLD: MR. CHAIRMAN: There, there aren't any. There aren't any utilities, not even electric? Page 9 - Hearing Transcript Regular Meeting of November 2, 1994 Southold Town Board of Appeals ANNE ARNOLD: No, no. MR. CHAIRMAN: Nothing. MEMBER WILTON: The shed also replaces the preexisting shed that was there years before that, basically it was falling down and you replaced it. ANNE ARNOLD: MR. CHAIRMAN: MEMBER DINIZIO: MR. CHAIRMAN: anything develops I donated the paintings, ( ). Does anybody have any questions to this nice lady. No. All right. OK, you're welcome to sit down if OK. Is there anybody else who would like to speak either for or against this application? Does anybody have any specific objections to this? Does anybody want to ma~e a motion? I'll make a motion that the a, approved as built. MEMBER WILTON: MEMBER DINIZIO: Second. MR. CHAIRMAN: All right. be used for storage purposes. MEMBER WILTON: Yes. BOARD SECRETARY KOWALSKI: you're granting, 5 feet? MR. CHAIRMAN: 5 feet. All in favor? MEMBERS: Aye. Will you add to that motion that it only And what is the setback that Page 10 - Hearing Transcript Regular Meeting of November 2, 1994 Southold Town Board of Appeals 7:45 P.M. Appl. No. 4274 MARY ANN GREFE MR. CHAIRMAN: Request for a Variance under Article III, Section 100-33 for permission to locate accessory storage building, as built, in the side yard area, at premises known as 395 Tuthill Road, Southold, N.Y.; Lot #25 at Yennecott Park; County Tax Map Parcel No. 1000-55-4-3. The subject premises contains approximately 32,700 sq. ft. in total lot area. (Setback when located in a yard area other than a rear yard, shall be determined by the Board of Appeals.) I have a copy of the survey, original date filed was March 28, 1988, indicating the nature of this application which appears to be entered into the survey as a barn. It is again adjacent to the swimming pool area and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mrs. or Mr. Bertani? Mr. Bertani. How are you tonight, Sir? JOHN BERTANI: Fine, thanks. I'm here to answer any questions I can for Mrs. Grefe. She couldn't be here and she doesn't live in town. This all came about she's trying to sell the house, basically she's trying to get everything in order. MR. CHAIRMAN: I guess you built the barn is that what happened? JOHN BERTANI: Yes, well, actually Mr. Grefe at that time had gotten all the permits that were necessary, the requirement stamp for the permit. MR. CHAIRMAN: All right. What's in the barn? Page 11 - Hearing Transcript Regular Meeting of November 2, 1994 Southold Town Board of Appeals MR. CHAIRMAN: MEMBER DINIZIO: of property. JOHN BERTANI: There's a gas heater for the pool and you know, he keeps garden tractors and so on and lawn cutting equipment. That's it. MR. CHAIRMAN: And the upstairs is just a storage? JOHN BERTANI: Yeah, just empty storage. I'm going to do the same thing. MR. CHAIRMAN: So utility wise we have electricity and probably water? JOHN BERTANI: I don't think there's any water. Just gas, the gas heater. MR. CHAIRMAN: So, whatever water comes in is just the water that's heating for the pool and it goes, it circulates. JOHN BERTANI: It's just gas, I don't think --- MR. CHAIRMAN: All right. Do any of you gentlemen have any questions of Mr. Berta~xi? Jim? MEMBER DINIZIO: How far does this barn set off the property line? JOHN BERTANI: I think it's 3 to 4 feet in one corner and it goes a little further as it goes back. The property line is at an angle. No-one has any questions? No, it's clearly in the right place for this piece BOARD SECRETARY KOWALSKI: What's the height for the record, Jerry? MR. CHAIRMAN: The height I think is 18, I remember viewing it. Isn't it about 18 to the mid, the height of the building, John? Yes, it's 18 in the mid. All right. Thank you very much. Is there Page 12 - Hearing Transcript Regular Meeting of November 2, 1994 Southold Town Board of Appeals anybody would like to speak either for or against this? further comment, Jim? MEMBER DINIZIO: MR. CHAIRMAN: MEMBER DOYEN: MR. CHAIRMAN: Hearing no does anybody have any specific objection to this? No, absolutely not. Anybody want to make a motion? I'll make the motion. Serge is going to make the motion. Will you add to the motion, I don't mean to put words in your mouth? MEMBER DOYEN: No, I ( ). MR. CHAIRMAN: Will you add to the motion that it be only used for storage purposes and contain no utilities other than electricity. So moved. Second. All in favor? MEMBER SERGE: MEMBER DINIZIO: MR. CHAIRMAN: MEMBERS: Aye. JOHN BERTANI: MR. CHAIRMAN: MR. CHAIRMAN: Thank you. Have a lovely evening. All right. I need an approval of minutes for the regular meeting on 10/5/94, gentlemen. MEMBER DINIZIO: I'll make that. MR. CHAIRMAN: Second. Ail in favor? MEMBERS: Aye. Page 13 - Hearing Transcript Regular Meeting of November 2, Southold Town Board of Appeals 1994 7:50 P.M. Appl. No. 4279 - JOHN LATHAM MR. CHAIRMAN: Request for a Variance under Article IIIA, Section 100-30A.3 for permission to relocate an existing dwelling in line with the existing rear yard setback line at 30 nonconforming with the present rear yard requirement with addition feet, which is of 35 feet. This parcel is a corner lot with two front yards, contains a total lot area of approximately 17,500 sq. ft., and is known as 50 Rogers Road, Southold, N.Y.; County Tax Map Parcel No. 1000-66-2-18. We have a copy of we'll call it a plot plan produced by East End Drafting & Design indicating the relocation of this house. We've been out to inspect it and a very nice plan. Who would like to be heard? Kindly state your name for the record, Sir. DOUG McGAHAN: It's Dough McGahan, I'm a contractor for Stephen and Joan Latham who are also present here to answer any questions and describe briefly on ( ). All right. Do you want to describe first and then MR. CHAIRMAN: we'll grill you? DOUG McGAHAN: Rogers Road was All right. What we have is the lot facing on merged recently with an adjacent lot to the right also on Rogers Road, corner of Orchard Street, we merged two lots and propose to move the house approximately 35-38 feet to the right, laterally to the right staying actually a little further away from the lot line on one corner and as the lot is pictured it peers off to the back which permits the 35 feet on one corner house so it's a. in the same line as to the right. Page 14 - Hearing Transcript Regular Meeting of November 2, 1994 Southold Town Board of Appeals MR. CHAIRMAN: Great. The entire house will be two story as it's proposed. Is that correct, it will remain as two story and then continued to be extended? DOUG McGAHAN: Yes. The existing house is a two story now and the addition is also to be two story. MR. CHAIRMAN: MEMBER DINIZIO: MR. CHAIRMAN: there Doug. We'll Anybody have any questions of Mr. No. Looks like you're see what develops McGahan? getting off real easy tonight from the audience. Is there anybody else would like to speak either in favor or against this application? All right, I guess none. Does anybody have any objections to this application? All right, I'll make a motion granting as applied for. MEMBER WILTON: MR. CHAIRMAN: MEMBERS: Aye. · MR. CHAIRMAN: Second. All in favor? Have a lovely evening. 7:57 P.M. Appl. No. 4278 - OWEN MORREL MR. CHAIRMAN: Request for a Variance under Article III, Section 100-33 for permission to construct accessory garage building in an area other than the required rear yard. This parcel contains five acres of lot area, known as 495 Paddock Way, Wolf Pit Pond Estates Lot ~ 11, Mattituck, N.Y.; County Tax Map Parcel No. Page 15 - Hearing Transcript Regular Meeting of November 2, Southold Town Board of Appeals 1994 1000-107-4-2.10. The subject premises is located in the Agricultural-Conservation (A-C) Zone District. The nature of this application is a new garage on a very beautiful piece of property overlooking. Wolf Pit Lake in Mattituck. The garage is to be proposed approximately 60 feet from the north easterly property line. Actually it's more east than north and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Who would like to be heard from? Would you just state your name for the record, Sir? How do you do? OWEN MORREL: Owen Morrel. MR. CHAIRMAN: How do you do? OWEN MORREL: Very well. MR. CHAIRMAN: Would you like to tell us why you, I, I know I read the application why you located or want to locate it in this particular area? OWN MORREL: We, for a bunch of reasons. The first reason is I suppose the aesthetics. My wife and I designed our house and it's the garage studio would be in a direct line so that it relates to exactly what we've done. We're also faced with the problem that there's really no other access to the way the situation is set up. There's no other access to anywhere else on the land where we can build a garage and the other problem we have is that we thought a out of our five acre lot we have about an acre and a half which in essence would be our rear yard which is actually a buffer zone non usable that's, I think it's about an acre and a half so and we're pretty, we've designed a house so that we're backed up pretty much Page 16 - Hearing Transcript Regular Meeting of November 2, 1994 Southold Town Board of Appeals against that buffer zone and so in fact we really have a minimal or insufficient rear yard so basically all we have is side yards and a, a huge front yard so according to the zoning the area for the garage is actually is being called a front yard when in essence it's really a side yard because we have no rear yard. The other thing is that I brought a, we showed our plans and our map to all our, all the pertinent neighbors, all our neighbors applauding our property and everybody signed the map and has approved our plan vigilantly. MR. CHAIRMAN: OK, you're going to give me that? OWEN MORREL: Yeah. MR. CHAIRMAN: OK. Thank you. The next question is as magnificent as your house is, which it is, the garage appears to be fairly magnificent also. We're not without magnificence we recently granted one, or without the feeling of magnificence I should say, is that better Mr. Morrel, thank you. We recently granted a really super, super garage which ended up to be a house on a vineyard over on Alvah's Lane, actually it's on Oregon Road and Bridge Lane. What was the gentleman's name? It was Lee B--? OWEN MORREL: That's a house, that garage? MEMBER DINIZIO: Well, it's an apartment upstairs. MR. CHAIRMAN: Yes, so that leads me into the question why you're requesting a bathroom in this garage? OWEN MORREL: It's that the second floor is actually going to be a sculpture studio and a workspace where I'm going to be able to get away from ~ny kids and do my artwork, hopefully. Page 17 - Hearing Transcript Regular Meeting of November 2, 1994 Southold Town Board of Appeals MR. CHAIRMAN: This is you know, this is going to be circulated. I'm talking about the transcript of this hearing. OWEN MORREL: The second floor is a functional studio and the, because the side of our property, the garage/studio is actually quite far from the house, that's why we thought it would be a ( ) if they could put in a bathroom. MR. CHAIRMAN: All right. No habitat ability in referenee to overnight guests, no bedroom areas, no studio, in reference to studio as we knew it for a habitable purposes, no kitchen. OWEN MORREL: No, it's a studio apartment, it's a studio work study, studio work place. No kitchen, no preparation of food, none of that, is MR CHAIRMAN: that correct? OWEN MORREL: MR. CHAIRMAN: That's correct. All right. Lets just ask any they have any specific questions of this nice man? MEMBER DINIZIO: No, I think you asked just about everyone there Jerry. MR. CHAIRMAN: Board Members if All right. I should point out to you I'm the Senior Park District Commissioner on Mattituck Park District. This is an area which has, I'm not the Chairman, but I understand you're ( ) and this area has great significance to me. Unfortunately we have not spent as much money and time on Wolf Pit Lake as we should have. It needs a substantial amount of enhancement and a one of the gentleman in this great town who works with this town has come to Page 18 - Hearing Transcript Regular Meeting of November 2, 1994 Southold Town Board of Appeals us with a proposal. We have not done anything with it at this particular time. OWN MORREL: Is that proposal public information or ---. MR. CHAIRMAN: Oh, yes. To put in a big well and to redredge the pond which becomes silted up as your aware. OWEN MORREL: It desperately needs that. MR. CHAIRMAN: Yes. It has absolutely nothing to do with this hearing but I mentioned it, OK. OWEN MORREL: Right, I'm so glad you did. BOARD SECRETARY KOWALSKI: I just want to ask you if you'd put in the record what the height of the building is, he doesn't have the height on it. MR. CHAIRMAN: Yes. He's requesting 27 feet, actually it's 28. BOARD SECRETARY KOWALSKI: 28 feet. MR. CHAIRMAN: I can assume that that's to conform with the house in reference to the steep, the steepness of the roof line of the house. OWEN MORREL: The roof line comes down actually over 6 feet so a lot of the roof line will be very low line. MR. CHAIRMAN: Because of the saltbox effect in the rear? Does anybody have any objection to this gentleman? Anybody want to talk about it later? MEMBER WILTON: I have no problem with it. MR. CHAIRMAN: You have no problem with it? MEMBER DOYEN: No. Page 19 - Hearing Transcript Regular Meeting of November 2, 1994 Southold Town Board of Appeals MR. CHAIRMAN: All right. Assuming we place the normal restriction that this gentleman has agreed to that it only be used --- MEMBER WILTON: MR. CHAIRMAN: MEMBER WILTON: MR. CHAIRMAN: MEMBER DOYEN: MR. CHAIRMAN: MEMBERS: Aye. MR. CHAIRMAN: As a work studio and not to be habitant. All right. I'll make the motion? Who wants to second this motion? Second. All in favor? Have a lovely evening. 8:08 P.M. Appl. No. 4280- JOHN H. MULHOLLAND MR. CHAIRMAN: Request for a Variance under Article IliA, Section 100-30A.3 for permission to construct addition to dwelling with a setback at less than the required ten (10) feet from the easterly side property line, at premises known as 715 Island View Lane, Greenport, N.Y.; County Tax Map Parcel No. 1000-57-2-24. The subject premises is a substandard lot containing 17,011 sq. ft. total lot area. I have a copy of the survey from Peconic Surveyors, the most recent date is February 12, 1987, indicating this lot as .391 acres. The nature of this application is an addition regardless of what the addition is being used for it is an addition toward the right-of-way of Island View Lane or the Road of Island of approximately 22 feet 6 inches and a distance which is not mentioned Page 20 - Hearing Transcript Regular Meeting of November 2, 1994 Southold Town Board of Appeals on the actual penned in area but we'll ask the contractor and it's somewhat skewed to the north, it is skewed to the north and runs parallel to the easterly property line and we have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Since you are the second from the last person left then we know noted counsel Mr. Lark will go to noted contractor. How are you tonight, Sir.? Is there something you'd like to state for the record? PETER STOUTENBURGH: Basically I'm here to answer any questions if there ( ). MR. CHAIRMAN: All right. Is it one story, two story? PETER STOUTENBURGH: It is a, it's not really a two story house. There's attic space above it. The house itself is a bit of a saltbox design. It's a story and.a half. This is going to be less (not audible) the idea of trying to turn the garage doors around so that they're not facing the road. This is why we really do need that extra two feet so that the vehicle can pull in in front of the house and park in the garage, the doors face west as opposed to north of the road itself. MR. CHAIRMAN: All right and filling in the tangent which you did where a door lays back we assume that's for what, storage purposes? PETER STOUTENBURGH: Yes. You would need mope feet if you were going to find the storage around two that storage is connecting it ( triangle. than the two cars. So all ) 14 x 12 Page 21 - Hearing Transcript Regular Meeting of November 2, 1994 Southold Town Board of Appeals MR. CHAIRMAN: All right. Is speak either for or against this? MEMBER DOYEN: MR. CHAIRMAN: questions of Mr. this application? MEMBER DINIZIO: MR. CHAIRMAN: MEMBER DINIZIO: MR. CHAIRMAN: MEMBER DINIZIO: MR. CHAIRMAN: MEMBER DOYEN: MR. CHAIRMAN: MEMBERS: Aye. MR. CHAIRMAN: there anybody here would like to Nope. Seeing no hands, anybody have Stoutenburgh? Anybody have any That's 8 feet? Jim? No. Anybody like to make a motion? I'll make the motion. Al1 right. Approved as applied for? Yes. Who would like to second it? Second. AIl in favor? any specific objection to Have a lovely evening. 8:10 P.M. Appl. No. 4281 - KATHLEEN VARANO MR. CHAIRMAN: Request for Variance under Article XXIII, Section 100-235B, and Article III, Section 100-32 (Bulk Schedule) for insufficient area of lots, as proposed and modified from prior Decision of the ZBA rendered May 2, 1985 under Appeal No. 3330, and request for a Variance to establish building envelopes for future construction since the setbacks shown do not comply with the Page 22 - Hearing Transcript Regular Meeting of November 2, Southold Town Board of Appeals 1994 principal District. N.Y.; setback requirements for this R-80 Residential Zone Location of Property: 6600 Indian Neck Road, Peconic, County Tax Map parcel No. 1000-86-7-4. Subject premises consists of 5.3+- acres in total area. I have a copy of the survey produced by Robert VanTyle P.C. most recent date August 31, 1994, Lot No. 1, 75,300 sq. ft., Lot No. 2, 280,000, Lot No. 3, 68,200, which is the one that consists of the home at this time and a garage and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Lark anytime that your ready. How are you this evening? RICHARD LARK: Fine, yourself? The client has set forth in the application of the petition which you have all the facts that are pertinent and what I'll cover here this evening is some of the things that I left out although the, your Clerk is I think is well aware of them of the saga of this subdivision. If the Board will recall which I think you will on Appeal No. 3330 that was on May 2, 1985, the Board granted a Variance to this property to in effect allowed a three lot subdivision, the variance being that the lot on the water would have 76,300 sq. ft. and there would be 280,00 sq. ft. lots. The Planning Board and I have that map if the Board needs to refresh its recollection but it is pa.rt of that Appeal No. 3330. The application a, the exact plan was approved by the Planning Board on June 10, 1985, and that under their procedure at the time before they would grant any preliminary approval and make the clock run as if it were called a new town law the applicant had to get approval from the Health Department of it, so application was made under the Page 23 - Hearing Transcript Regular Meeting of November 2, 1994 Southold Town Board of Appeals Sanitary Code and due to extensive snafus on the upper apartments part and the fact that in order to comply with all the new regulations which were put into effect at that time because of the nitrates with the deep wells eventually after two hearings and Bob Villa's intervention as they went along with the (inaudible) including Mr. Villa who lives not too many properties away and finally explained to them were shallow wells where you got very good water and so they granted a variance to the applicant for a three lot subdivision and as you see in the Exhibit which is attached that took until September 22, year of our Lord 1989. Whew, you get that stamp on the map if you can believe it. Now, the applicant then went back to the Planning Board with the Article VI approval in hand. Unfortunately to the applicant, the Planning Board lost, they say they misplaced, that they lost the file, never to be seen nor heard of again. Unbelievable. Again, I had them go and look at the Board of Appeals file, they recognized, yes, we kind of remember this application, yes, I showed them all of my correspondence because I kept copies of everything, they understood that, but their rules and regulations and the rule of the Town Attorney we had to file a new application. Well, that wasn't too bad because it was a rehash of the old. Just a more or less a typing job. The problem was that they wanted like $2,500 in filing fees because as you'll remember all the laws got upgraded with all the filing fees. Well, that didn't sit too well with Mrs. Varano since she paid the early filing fees which they could not find, although we produced the cancelled check. That didn't make any difference. Rather than get into Page 24 - Hearing Transcript Regular Meeting of November 2, 1994 Southold Town Board of Appeals litigation, rather than get into a big hassle, she said "OK, what do they want"? So, they said to her, we want a new application, which she filed before them. Then, they decided to change the site plan that they had approved with the right-of-way was going to be on the westerly side into the properties which everybody agreed that was the way to do it. They didn't want to do that because they wanted to keep the rural nature of the, of the area, as you know its very wooded down there and they only wanted a single driveway. So, the only way they could do that was to create two flag lots and then have a common driveway in between. They wanted that, they did not want any asphalt stone or anything like that, they just wanted to ( ) a nice little driveway in, into the lots. They insisted on it. She objected .... MEMBER DINIZIO: So, these first two lots are then, actually all three lots are deeded then. RICHARD LARK: No. MEMBER DINIZIO: They're not right-of-ways. They're already --- RICHARD LARK: Yeah, that's right, that's right, that's right. It would be a flagpole. So, finally she said, "Well, if that's what they want, in essence the driveways are going to be on the westerly side anyway going into the waterfront lot and to the middle lot and the lot on the road will have its own, you know, driveway in and out, right off Indian Neck Lane." So, she finally then said, "OK". There was a lot of going back and forth and going back and forth. I objected because I had taken the trouble to read the law when they put they allowed these flagpole lots to go in and I knew there was Page 25 - Hearing Transcript Regular Meeting of November 2, Southold Town Board of Appeals 1994 going to be trouble and indeed there did turned out to be trouble because the way they wrote the law, you had to exclude the area of the pole. You could keep the flag where you were going to build your house but you had to exclude the area of the pole. Well there just was simply not enough square feet to do that on this property because the original conception which was approved by you was 280,000 square foot lots and then one, the one on the waterfront which was 76,300. I had to laugh because the original sketch plan that I had VanTuyl draw up in 84 called for the 76,000 one to be on the road and then all the other two to be 80,000, but, it didn't work out that way with the Planning Board. So, that created a big problem and we couldn't get things squared away with the Planning Board. So, they finally then said, "No we want the driveway, we'll call it cluster subdivision, have VanTuyl show the building envelopes on there, we're handling this as a cluster". I said, "You can't do that because its not 10 acres. It doesn't meet the standards of the Zoning Ordinance". You know, they want to apply things that don't apply. I said, "It just wont fit." They insisted. That's the way it's going to go, you do not have to go back to the Board of Appeals, we will give you the approval, and that will be it. So, again, I told Mrs. Varano, I don't think this is going to work because some buyer's attorney is going to wonder, or some trying to get a building permit is going to be a big problem. They assured me there would be no problem. Finally, this year somebody woke up and said, oh! you can't have a cluster. Its got to be a regular subdivision because of its size, a minor Page 26 - Hearing Transcript Regular Meeting of November 2, 1994 Southold Town Board of Appeals subdivision. We still want that little driveway, and we still want the flagpole lots. But, we think you'll have to get a variance, go down to the Building Inspector, so I trot down to the, Linda will tell you, I trotted down here to the Building Inspector and everyone else and said, "Yeah, you're right, you're going to need a variance," and which was what I was trying to tell them for the last year. So, I said "OK, why don't we ju.st go in, file the application and then see where we are." We're back to the same three lots, we don't have any more yield, it's the same three lots, and you want to accommodate it and it really was the Planning Board's conception to keep the ruralness with this driveway business and the flagpole so we'll go ahead in and ask for a variance, we still get the same three lots and we'll let things go where they are. They said, "Yeah, that's good. It isn't really a cluster, do that". So, I said, "Now, if I go in now for a variance, and if the Board grants it, we're going to come back, you're going to give the approval, because I said, the Board of Appeals should write you and ask you what you feel about this, since this is your design". They said, "Yeah, we, everything is approved". I understand they did do that when you did request them for the information of them. So, the good part of it is, we're back to the same three lots, the bad part of it is, is that she bas to make this length of time to get the property divided into her kids which is what her original intent was because as you know after you granted the variance and we had that interpretation question on the accessory garage business, he died. She was saddled with the teenage kids and you know all of this other business Page 27 - Hearing Transcript Regular Meeting of November 2, Southold Town Board of Appeals 1994 trying to get it squared away and he died intestate which made it worse that the kids legally owned the lots with her. You know, so it got to be a big foopar in the family. MR. CHAIRMAN: You know, a side line, and I don't know why it should be, I just. Apart from the situation with the accessory garage, these people are the nicest people I have, I mean, Dr. Varano and his wife, I think it's Kathleen, isn't it? RICHARD LARK: Kathleen, yes. MR. CHAIRMAN: I didn't even look at the thing, I'm just thinking back to 19__, nicest people in the world, really, absolutely. RICHARD LARK: Yeah, this, this has been kind of a travesty. I was notified that the neighbor to the east objected and I was quite surprised. I didn't think there would be any problems because nothing has changed as far as yield design, where the lots are going to be, where the driveways are going to be. You know anything, it's all in the same general area, and I went back and looked in my file and you have a. letter of the neighbor to the east and curiously enough in the 1985 application it was sent to Mr. Guinan who was Mr. Guinan and his wife who owned it at that time. He was alive and I have the affidavit of that, a copy of it, you have the original in your file and curiously enough if you'll look in your file deep enough you'll see an affidavit from him, tacitly approving because he knew about the three lot subdivision because he wanted Mrs. Varano even to have the kids could be able to sleep in the garage. Remember that was the issue and the interpretation of the Building Inspector at that time and had broke and linked the affidavit because Page 28 - Hearing Transcript Regular Meeting of November 2, Southold Town Board of Appeals 1994 I knew Mr. Guinan and he came in and volunteered it. So, for the neighbors to say that they did not know about this, or there's any significant change is not true and it should be pointed out that when you're in a glass house you shouldn't throw a stone. They have 3.5 acres on which they have three dwellings on it. No problem, there probably ali preexisting, the one on the bay was, the house has been modernized. In the back is a full house and then they have like a, a little cottage attached to a two or three car garage as I recall. No problem with it, but I just kind of laugh, they've got and there's three owners and that's his three dwellings, you know what I mear~, on less property, but that's the way it is I suppose when I incurred the situation. But in any event there is absolutely zero change from a yield point of view or a use point of view from where we were in 85. It was just all this other business that we had to go through and it was unkind of unfortunate and a the Planning Board, see we would never of been back except for that snafu that they wanted the driveways and then they designed that law and they never realized that they excluded. So, the variance application I have before you is your choice to request this. Either give a variance to that section. I think it's 235B, because if you include the pole on those two lots you have 80,000 and all you've done is take in the small lot and put it on the road traded it in from the bay lot. You do have, in fact you have 80 on one and $1 on the other. So, it's the same deal, there's no difference. Do you follow me? You could either give the variance that way or just ii' the Board chooses to give an area variance for all three lots as applied for. Either way, it Page 29 - Hearing Transcript Regular Meeting of November 2, 1994 Southold Town Board of Appeals really makes no difference. Whatever the Board wanted. So, I apply either way, for a one or 235B, or for just a flat area variance going from 80,000 down to what is proposed in the application which is what you have on the map which has been approved by the Planning Board, the road lot containing 75,300 sq. ft., the middle lot containing 73,400 and then the bay lot containing 68,200. It's either way. If you go the other way, the road lot will still be 75,300, the middle lot will be 80,000, that's including the pole and the bay lot will be 81,000 including the pole. So, there you have it. I hate to come back on it, but when, when they made the change I, two years ago I told them that we have to come in here for a variance, they said, "Oh, no, no, we're going to" and you heard the story, so, and, and there correspondence clip, if you look at it in their file since 90, actually since 89, when we reapplied will bear out everything that I said because I took all of the information because I hadn't remembered it from their correspondence clip. So, it's all public records unfortunately. MR. CHAIRMAN: We'll just ask the only single person in the audience who was Mrs. Doyen. Do you have any objection to this, Mrs. Doyen? (Laughter by all parties). MEMBER DIN1ZIO: Dick that's Serge's wife. RICHARD LARK: I know who it is. MRS. DOYEN: I think this is one I wouldn't want to touch. Page 30 - Hearing Transcript Regular Meeting of November 2, 1994 Southold Town Board of Appeals RICHARD LARK: She doesn't represent suffering times. I just don't know which way to go, which way you want to go, which variance you want to grant. It's, it's either one. MR. CHAIRMAN: I'11, I'll make that easy in reference to a proposition and second. Does anybody have any questions of Mr. Lark concerning this? MEMBER DINIZIO: No. MR. CHAIRMAN: I will substantiate everything that he has said. It's unbelievable. MEMBER DINIZIO: It is. RICHARD LARK: Which is the cleaner way to go, the area variance? MR. CHAIRMAN: The area variance is a cleaner way. RICHARD LARK: Yeah, it probably is, but, you know, you always worry about precedence, you know, the other way isn't, so, what's the difference. MR. CHAIRMAN: I'll make a motion granting it on the basis of a insufficiency of area variance. I'll second it. All in favor? MEMBER DINIZIO: MR. CHAIRMAN: MEMBERS: Aye MR. CHAIRMAN: Please tell Mrs. do it, because she's a lovely lady. RICHARD LARK: MR. CHAIRMAN: Prepared from LF Varano that we said hello, please Yes she is, she's been through a lot. I hope you do that really Dick. tape recordings from actual hearings.